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Neutral Citation No. - 2025:AHC:51600 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 741 of 2025 Applicant :- Shweta Sharma Opposite Party :- Ashish Sharma And 2 Others Counsel for Applicant :- Richa Srivastav,Vikrant Pandey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Complaint Case No. 6159 of 2019, under Section 190 CrPC, pending in the Court of Additional Chief Judicial Magistrate, Court No.21, Allahabad, expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the applicant is the aggrieved wife. The aforesaid case was filed in the year 2019 but still the matter is pending at the stage of appearance of the opposite party nos. 1 to 3. The accused persons are still absconding and have not appeared before the Court so far. It is also submitted that the Court concerned is not taking any interest to ensure the appearance of the accused before it. Applicant is a lady and she has a legal and constitutional right for speedy trial. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2019. The accused persons have not appeared before the Court so far. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 7. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 1 to 3 by sending appropriate process to them within two months from the date of production of certified copy of
this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. 8.
It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 9. With the above observations, the application stands disposed of. Order Date :- 9.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad